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The Administration of Criminal Law in some Kenya African Courts
Published online by Cambridge University Press: 28 July 2009
Extract
The Kenya African Courts hear in a year about twice as many criminal charges as all the Magistrate's Courts of the Colony together, yet the nature of their functioning is very little known in legal circles. Their jurisdiction in criminal matters extends over some 27 sections of the Penal Code including theft and indecent assault, and over a large variety of offences under other laws, as well as over all African District Council By-laws. This paper aims to give a picture of certain illuminating peculiarities in their administration of this body of criminal law. It is based on the records of individual cases and on knowledge gained from hearing appeals from African Courts and on listening to cases being conducted. The North Nyanza Courts, where the material was gathered, are amongst the most advanced in Kenya, having a staff of elders and clerks of a higher average educational level than those of most other districts.
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- Copyright © School of Oriental and African Studies 1961
References
2 Kakamega A.C.A. Cr. Appeal Case, No. 236 of 1959.
page 140 note 1 Lurambi African Court Cr. Case, No. 52 of 1959.
page 140 note 2 A. Phillips, Report on Native Tribunals, 1948, para. 773
page 141 note 1 P. Bohannan, Justice and Judgment among the Tiv, 1957.
page 141 note 2 Op. cit., p. 208.
page 143 note 1 African Court of Appeal, Cr. Appeal No. 231/59.
page 143 note 2 A. L. Epstein, The Administration of Justice and the Urban African, 1953.
page 144 note 1 A. N. Allott (ed.), The Future of Law in Africa—Record of Proceedings of the London Conference, 28th December, 1959—8th January, 1960.